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Ordinance No. 15,400 ORDINANCE NO. 15,400 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 3 "LAND USE TABLES AND CONDITIONS,"SECTION 2.10"LAND USE CONDITIONS," SUBSECTION A, "NON-RESIDENTIAL CATEGORIES," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE VI "DEFINITIONS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD THE DEFINITION OF "HEAVY EQUIPMENT;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ********************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That Appendix A "Unified Land Development Code," Article II "Use Districts," Division 3 "Land Use Tables and Conditions," Section 2.10 "Land use conditions," Subsection A, "Non- Residential Categories" of the Code of Ordinances, Baytown,Texas,is hereby amended to read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 3. LAND USE TABLES AND CONDITIONS Sec.2.10 Land use conditions. This section sets forth the conditions associated with identified land uses in section 2.05. The conditions expressed in the use table are cumulative of applicable conditions contained elsewhere in the Code. 1..�ililill��.Y4 r'��l1t1I[kF±li1C4 (C��Iii�t1�L1IlI� Yic�alti�tp; Jerxt�arr A.Non-Residential Categories 52 Vehicle and boat GC (a) Repair work, if any, shall be done wholly inside of a sales,rental or building. leasing facility (b) Only non-commercial vehicles and boats shall be sold,rented,and leased in zoning districts subject to this condition. (c) Vehicle storage is subject to the outdoor storage conditions of this appendix and must be kept behind opaque screening and in accordance with chapter 112 of the Code of Ordinances. (d) Vehicles that contain hazardous materials pursuant to the standards of the state department of transportation,the state commission on environmental quality,or any other regulatory agency of the state or federal government are not allowed to be in such vehicle storage. 53 Equipment sales GC (a) All equipment shall be separated by opaque screening and rental facilities from all adjacent properties and all public rights-of- way,except one of each equipment type may be used for display purposes. (b) The sale or rental of tools, tractors or equipment shall: (i)be less than 10 feet in height in its storage and display configuration; and(ii) shall not be defined as heavy equipment nor designed and used solely for industrial purposes. 60 Travel center GC (a) Only permitted on sites within a 1,500-foot radius of the center lines of the following intersections: Interstate Highway 10(IH 10)and South Main Street(near Highlands); the Grand Parkway(SH 99)east of Tri City Beach Road; and the Grand Parkway(SH 99)west of State Highway Business 146 (SH 146 BS). (b) Sites shall have no less than 100 feet of frontage and be no less than 5 acres in size. (c) Commercial vehicle parking spaces shall be limited to 8 spaces,with a maximum of 8 commercial diesel fueling positions. (d) Fueling areas for non-commercial vehicles and fueling areas for commercial vehicles must be separated. Section 2: That Appendix A "Unified Land Development Code," Article VI "Definitions," of the Code of Ordinances, Baytown, Texas is hereby amended to add the definition of"Heavy Equipment" as follows: 2 APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE VI. DEFINITIONS Heavy equipment means machinery that is used for activities industrial in nature such as,but not limited to,construction,mining, forestry, and transport of large equipment like bulldozers, earthmoving equipment, well-drilling machinery, cranes or heavy haul trailers. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency. In all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 5: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 23rd day of March, 2023. ,e,p1Y06,jy T BRANDON CAPETILLO, Mayor AM" 0 i m 0 ANGELA JaCKSON, CitI APPROVED bST FORM: SCOTT LE ND,City Attorney RAKaren Anderson\ORDWANCES 2023%2023.03.23 S.LEMOND ULDCAmendment-3-23-23.docx 3